대법원 판례에서의 유사 종중

Abstract

A study on the quasi-clan in the precedents of the Korean Supreme Court Byung Il Bae * Professor of Law, Yeungnam University. * A clan is a native group of Korea which consists of families that are related to each other. It is a unique group in the whole world, which is not seen in any other country. It is made indigenously. It consists with descendants who have a common progenitor. Descendants made a clan purposefully with practice ancestor worship, protection of tomb and attempting intimacy. According to cases of Korean Supreme Court, it recognize organization that the members of a clan restricted regionally and consanguineously. A quasi-clan is a analogous clan, which needs to perform an act of organization. It is a most important thing that concept of agreement made by members of the quasi-clan. It is different a clan from quasi-clan in agreement and act of organization. Case of clan in the Korean Supreme Court is much more the rule than the exception in Korea. But precedents of quasi-clan in the Korean Supreme Court is an exceptional case in the early adjudication. Despite exceptions, quasi-clan is generally acknowledged to be common. Therefore case of quasi-clan give the benefit of the doubt.